[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Proposed Rules]
[Page 19525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10209]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 62, No. 77 / Tuesday, April 22, 1997 / 
Proposed Rules  

[[Page 19525]]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 251

RIN 3206-AH72


Agency Relationships With Organizations Representing Federal 
Employees and Other Organizations

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Personnel Management (OPM) is issuing proposed 
regulations governing agency relations with managerial, supervisory, 
professional, and other organizations that are not labor organizations. 
These regulations would reflect a provision of the Federal Employee 
Representation Improvement Act of 1996.

DATES: Comments due by June 23, 1997.

ADDRESSES: Send written comments to Lorraine Lewis, General Counsel, 
Office of Personnel Management, P.O. Box 57, Washington, DC 20044, or 
deliver to OPM, Room 3451, 1900 E St. NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Wade Plunkett (202) 606-1700.

SUPPLEMENTARY INFORMATION: OPM published in the Federal Register on 
June 26, 1996, at 61 FR 32913-32917, final regulations on agency 
relationships with organizations representing Federal employees and 
other organizations. Section 251.101(f) of the final regulations 
cautions Federal employees against violating the restrictions imposed 
by 18 U.S.C. Sec. 205 which, in pertinent part, restricts Federal 
employees from acting, other than in the proper discharge of their 
official duties, as agents or attorneys for any person or organization 
other than a labor organization, before any Federal agency or other 
Federal entity in connection with any matter in which the United States 
is a party or has a direct and substantial interest. Section 251.101(f) 
of the regulation accordingly advises agency officials and employees to 
consult with their designated agency ethics official for guidance 
regarding any conflicts of interest that may arise. 5 CFR 251.101(f).
    Subsequent to the effective date of the final rule, Congress 
modified the 18 U.S.C. Sec. 205 restrictions to permit employee 
representation of employee organizations under certain circumstances. 
The Federal Employee Representation Improvement Act of 1996; Public Law 
104-177, 110 Stat. 1563, August 6, 1996. As amended, Section 
205(d)(1)(B) allows a Federal officer or employee, if not inconsistent 
with the performance of his or her duties, to represent without 
compensation a non-profit cooperative, voluntary, professional, 
recreational or similar organization if a majority of the 
organization's or group's members are Government officers or employees 
or their spouses or dependent children.
    Subsection (d)(2) of amended Section 205, sets forth the 
circumstances in which a Federal employee may not act as agent or 
attorney representing an employee organization. There are three 
situations in which an employee is prohibited from representing the 
views of the organization or group. The first situation prevents 
employee representation when the subject of the representation is a 
claim against the United States. 18 U.S.C. Sec. 205(d)(2)(A). The 
second situation prohibits the prescribed action during a judicial or 
administrative proceeding where the organization or group is a party. 
18 U.S.C. Sec. 205(d)(2)(B). The third situation expressly disallows 
Federal employees from requesting grants, contracts or Federal funds on 
behalf of an employee organization. 18 U.S.C. Sec. 205(d)(2)(C). 
Accordingly, paragraph (f) of the Part 251 regulation is being revised 
to reflect the new law.

Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities because it will only 
affect Federal Government employees and non-labor organizations 
representing such employees.

Executive Order 12866, Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

List of Subjects in 5 CFR Part 251

    Government employees.

U.S. Office of Personnel Management.
James B. King,
Director.

    Accordingly, OPM proposes to amend 5 CFR part 251 as follows:

PART 251--AGENCY RELATIONSHIPS WITH ORGANIZATIONS REPRESENTING 
FEDERAL EMPLOYEES AND OTHER ORGANIZATIONS

    1. The authority citation for part 251 continues to read as 
follows:

    Authority: 5 U.S.C. Sec. 1104; 5 U.S.C. Chap 7; 5 U.S.C. 
Sec. 7135; 5 U.S.C. 7301; E.O. 11491.

    2. In Sec. 251.101, paragraph (f) is revised to read as follows:


Sec. 251.101  Introduction.

* * * * *
    (f) Federal employees, including management officials and 
supervisors, may communicate with any Federal agency, officer, or other 
Federal entity on the employee's own behalf. However, Federal employees 
should be aware that 18 U.S.C. 205, in pertinent part, restricts 
Federal employees from acting, other than in the proper discharge of 
their official duties, as agents or attorneys for any person or 
organization other than a labor organization, before any Federal agency 
or other Federal entity in connection with any matter in which the 
United states is a party or has a direct and substantial interest. An 
exception to the prohibition found in 18 U.S.C. 205 permits Federal 
employees to represent certain nonprofit organizations before the 
Government except in connection with specified matters. Agency 
officials and employees are therefore advised to consult with their 
designated agency ethics officials for guidance regarding any conflicts 
of interest that may arise.

[FR Doc. 97-10209 Filed 4-21-97; 8:45 am]
BILLING CODE 6325-01-M